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(영문) 울산지방법원 2018.11.08 2018고단2500
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal history] On December 13, 2010, the Defendant received a summary order of KRW 2 million for a crime of violating road traffic laws at the Ulsan District Court, and on May 19, 2014, the Defendant received a summary order of KRW 7 million for a crime of violating road traffic laws (driving) at the Ulsan District Court.

[2] On July 23, 2018, the Defendant driven the E Q125CC, a motor device, under the influence of alcohol leveling 0.075% from the Do in front of the Dong-gu, Ulsan-gu, Ulsan-gu to the front road of the D bus stops located in Ulsan-dong, Ulsan-gu, Seoul-do, to approximately 1km in a section of approximately 0.075% alcohol level from the Do to the front road of the D bus stops in Ulsan-gu.

As a result, although the Defendant was punished twice or more as a crime of violating the Road Traffic Act, he operated the bicycle with the motor device under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries into the results of regulating driving of drinking alcohol, a statement of the circumstances of the driver of drinking alcohol, and an investigation report (report on the circumstances of the driver of drinking alcohol);

1. Previous conviction: Inquiry about criminal history, copy of each summary order, and application of the relevant list of cases Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 subparag. 1 and Article 44(1) of the Road Traffic Act concerning facts constituting an offense, and the selection of fines (including the fact that the principal place is not serious, the fact that the principal place is against the principal place, and the fact that the accident is not followed) of the relevant Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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